Powers under FEPA

1. The powers of authorised "officers" (HSE Inspectors) are set out in Section 19 and Schedule 2 of FEPA, as amended by the Pesticides Act 1998.

2. The Executive (HSE) has retained the power to seize or destroy pesticides, not passing it on to the authorised officers. So an inspector wishing to initiate seize and / or destroy powers must contact the Executive, through their line management.

3. FEPA allows for two different types of enforcement notice to be issued:

an enforcement notice served under section 19(5) - broadly equivalent to an 'Improvement Notice' under health and safety legislation; and

an enforcement notice served under section 19(6) - broadly equivalent to a 'Prohibition Notice' under health and safety legislation.